Muncie Car Accident Lawyer
Driver error causes over 90 percent of the car accidents in Muncie. Typically, this driver error involves driver impairment, like fatigue or distraction. In other words, most car crashes are not “accidents.” Instead, they are caused by negligence, which is basically a lack of ordinary care. As a result, even if the tortfeasor (negligent driver) did not deliberately cause the crash, the tortfeasor could be liable for damages. We should all take responsibility for the mistakes we make.
The compassionate Muncie car accident lawyers at the office of Indianapolis Injury Lawyers understand the enormous pain and suffering these incidents cause. Many people on our professional team are car accident survivors themselves. So, we work hard every day to obtain fair compensation for your serious injuries. Throughout the process, we proactively communicate with you, so you are never in the dark.
Since driver errors take many forms, there are many forms of negligence claims. Ordinary negligence and negligence per se are two of the most common liability theories.
Contrary to popular myth, negligence claims do not “blame” anyone for the accident. As mentioned, these claims simply hold drivers responsible for the choices they make, if these choices hurt people. Compensation is usually available in these claims if the driver had a legal duty, and the driver’s conduct fell below the standard of care.
Most noncommercial drivers have a duty of reasonable care. They must avoid accidents when possible and obey the rules of the road. Common breaches include driver impairment, like alcohol misuse, and operational errors, like speeding.
Negligence per se, which is the violation of a safety statute, sometimes comes into play as well. Alcohol impairment is a good example. If the tortfeasor was arrested for DUI, the tortfeasor might be liable for damages as a matter of law. In this case, the DUI law, and not the duty of care, establishes the standard of care.
Defective products, like bad tires or defective airbags, cause some car crash injuries in Delaware County. Typically, manufacturers are strictly liable if their defective products cause injury. These victim/plaintiffs normally must only establish causation.
Evidence in Car Accident Claims
Regardless of the liability theory involved, victim/plaintiffs must normally prove their cases by a preponderance of the evidence, a legal phrase which means “more likely than not.” Medical bills, the police accident report, and witness statements normally serve as the evidence in these claims.
However, these items might not be enough. The police accident report is a good example. If the victim was unable to give a statement because the victim was killed or seriously injured in the wreck, the report usually only contains one side of the story. So, it is most likely incomplete or inaccurate.
Additional physical and testimonial evidence is available in these cases. Physical evidence usually includes a vehicle’s Event Data Recorder. Most EDRs measure and record data like vehicle speed, brake application, and steering angle. The testimonial evidence often comes from an accident reconstructionist. These professionals know how to put pieces of evidence together to form a compelling picture for the jury.
Connect with a Diligent Lawyer
Personal injury victims have important rights. For a free consultation with an experienced personal injury attorney in Muncie, contact the office of Indianapolis Injury Lawyers. Virtual, home, and hospital visits are available.